cityofalbany.net

Chapter 2.12
MUNICIPAL COURT

Sections:

2.12.010    Municipal Judge.

2.12.020    Pro tempore Municipal Judge.

2.12.030    Qualifications of judges.

2.12.040    Time for holding court.

2.12.060    Jury lists.

2.12.070    Selection of the jury.

2.12.080    Conduct of trial.

2.12.095    Payment of witness fees.

2.12.100    Payment of jurors.

2.12.110    Power of the Judge.

2.12.010 Municipal Judge.

The office of Municipal Judge of the Municipal Court of the City of Albany is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council. (Ord. 2730 § 1, 1957).

2.12.020 Pro tempore Municipal Judge.

The office of pro tempore Municipal Judge of the Municipal Court of the City is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council. The officer shall act only when the Municipal Judge is unable to perform his/her duties by reason of absence from the City, illness, vacations or disqualification by person of knowledge or relationship to the cause before him/her. The pro tempore Judge shall be compensated on a per diem basis. (Ord. 2730 § 2, 1957).

2.12.030 Qualifications of judges.

The holder of the office of Municipal Judge and pro tempore Municipal Judge shall be admitted to the practice of law before the Supreme Court of the State of Oregon. (Ord. 2730 § 3, 1957).

2.12.040 Time for holding court.

The Municipal Judge shall establish by appropriate order a regular time for holding court session on not less than a weekly basis. In addition to the time established by order of the court, Municipal Court may be held at such other times as the Judge deems necessary for the protective rights of a person charged with violations. (Ord. 3374 § 1, 1968; Ord. 2730 § 4, 1957).

2.12.060 Jury lists.

Upon passage of the ordinance codified in this chapter and upon the first days of January, April, July and October, thereafter, the Recorder shall select 350 names of persons who must have the qualifications of jurors in the State courts, from the registered voter lists to serve as a jury panel until the next panel is selected. No person shall be required to serve more than one term during any calendar year. The selection shall be made at random and the Recorder shall not attempt to select or reject any particular persons. No challenge to the panel may be made upon substantial compliance of this portion of this chapter. (Ord. 5530, 2002; Ord. 5013 § 1, 1992; Ord. 4545 § 2, 1982; Ord. 2730 § 5, 1957).

2.12.070 Selection of the jury.

At least seven days prior to the trial date, the defendant or his/her attorney and the City Attorney shall appear before the Municipal Judge. The judge shall then select 10 named by lot from the panel. The defendant or his/her attorney may then challenge four of the prospective jurors and the City two. Additional names shall be selected to replace those jurors challenged.

When 10 jurors have been selected, they shall be notified to appear at trial at the appointed time and place. From the 10 prospective jurors, six shall be selected to serve as the jury. No further preemptory challenge shall be made by either the defendant or the City, but a prospective juror may be excused for cause. (Ord. 4545 § 1, 1982; Ord. 2730 § 7, 1957).

2.12.080 Conduct of trial.

Trials shall be conducted as herein provided and all matters not specifically provided for herein shall be governed by the applicable statutes of the State for justice of the peace courts and shall include applicable statutes of the State regarding the introduction or admission of evidence. (Ord. 2730 § 8, 1957).

2.12.095 Payment of witness fees.

Persons who have been subpoenaed as witnesses to appear in Municipal Court shall be entitled to receive compensation at the rate of [____] per day plus mileage to and from their place of residence at the rate of [____] per mile. (Ord. 5013 § 1, 1992; Ord. 3684 § 1, 1973).

2.12.100 Payment of jurors.

The jurors who are notified to appear at trial and are selected and serve as actual jurors shall be entitled to receive compensation at the rate of [____] per day plus mileage to and from their place of residence at the rate of [____] per mile. Those jurors who are notified to appear at trial but are not selected as jurors shall be entitled to receive [____] per day plus mileage at the rate of [____] per mile to and from their place of residence. (Ord. 5013 § 1, 1992; Ord. 3684 § 2, 1973; Ord. 2730 § 10, 1957).

2.12.110 Power of the Judge.

The Judge shall have all inherent and statutory powers and duties of a justice of the peace within the jurisdictional limits of the City. The Chief of Police shall assist the Judge in the service of sub-

poenas, notices of jury duty and such other orders of the Court necessary for the proper conduct thereof.

The Judge may, by order, designate a member or members of the Police Department to act as a Clerk of the Court with authority to accept bail in accordance with a minimum bail schedule established by the Court.

The Judge shall be responsible for the keeping of such dockets and accounts necessary to properly record all proceedings of the Municipal Court.

In criminal cases in Municipal Court the cost and disbursements shall be added to the fine, penalty or sentence imposed provided, the Court, at its discretion in justifiable cases, may on behalf of the City, waive payment of all or part of the costs and disbursements. (Ord. 4545 § 4, 1982; Ord. 2730 § 11, 1957).